Determining Student Due Process and Privacy Rights

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Determining Student Due Process and Privacy Rights
xxxx
American College x

Determining Student Due Process and Privacy Rights
In this paper I will address a due process rights afforded to a student in a scenario presented by The American College of Education. I will explain the substantive and procedural due process rights as they relate to student discipline in the situation. I will give concepts, and examples relating to freedom of speech and privacy. I will address the IEP educational rights as I understand it within the scope of California and the federal IDEA legislation.

Scenario

The following scenario is presented:
“A sixth-grade student, Julia, has been enrolled at your school, of which you are the principal, for about three months. Julia is prone to brief, disruptive outbursts in class and has had trouble getting along with her teachers and classmates. She also has difficulty paying attention in class and does not sit still during tests and quizzes. Julia has an IEP, which includes a behavior plan. Just after Julia’s teacher passes out a quiz, Julia jumps up from her desk and runs around the classroom shouting profanities. In the process of running around the room, a marijuana joint falls out of Julia’s pocket. Campus security is called to restrain Julia, and she soon identifies another student from a different classroom, Marcus, as having given her the drugs earlier that day.”

I will address the content of the scenario as if this were a real student within my school setting. I will have to modify this assignment due to my setting. Though the student may have rights under her Individualized Education Plan (IEP), because I work in a court facility, state law regarding the incarcerations of minors would be enacted and this would not become a school issue as far as expulsion or suspension. However, other settings within the LA County Office of Education we have school discipline issues which rears its ugly head. Much of what is written here is from LACOE board policy (Los Angeles County Office of Education, 2008), an attorney school discipline handbook (Public Counsel Law Center, 2010), and the LACOE appeals procedure manual (Los Angeles County Office of Education). I have also used the school discipline handbook as a reference (Los Angeles County Office of Education, 1996). In this situation, many people would participate in this meeting. I would participate in the meeting as the school psychologist; in addition, the resource teacher, school principal, student, and parental right holder would be present. As we examine the IEP, a lot would depend upon the qualifying disability addressed in the IEP. For example, if the student is Emotionally Disturbed the inattention issues may be related to more of a demanding disability. Based on the scenario, the other qualifying condition would be an Other Health Impairment (OHI) which could be based off of a diagnosis of attention deficit hyperactivity disorder (ADHD). In my mind, the outburst is distinctly different from that of carrying marijuana. A “Manifestation of Determination” would be held to determine the link between a disability and the offense. Mentally retarded children are often not referred for disciplinary actions because of their incapacity to understand the consequences of their actions. If the team finds that the behavior was not caused by the child's disability, the regulars ferry action will proceed. In addition, if appropriate, the child might also receive a Functional Behavioral Assessment (FBA) depending on the IEP team's decision. In all likelihood, the student will be moved or returned to his district of residence prior to that meeting. During any time a student is suspended, the student will not be receiving special education services. If, however, the suspension is considered a long-term suspension (about five days), special education services would continue during the process. If...
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